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    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Tilly01 v's Woolwich


tilly01
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Well here goes, have read loads and sorted things out in my head, and am now going to start the ball rolling, Thanks for all advice so far, and will def be grateful for any more along the way!!!;)

 

So am today sorting out SAR then sending so is with them on Monday Morning:D

 

TTFN

 

Tilly01

Joined Site - 29/09/06:D

Woolwich

S.A.R - (Subject Access Request) sent - 1/10/06

Charges rec 11/10/06

Prelim sent recorded 12/10/06

LBA sent 6/11/06

Offer eventually received 3/12/06

Thanks but I want all of it letter sent 28/12/06

Court Claim Issued 3/1/07

Capital One

S.A.R - (Subject Access Request) sent 1/10/06

Recieved Statements 4/11/06

Prelim Sent 6/11/06

Offer recieved 17/11/06

LBA and rejection of offer sent 28/12/06

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SAR's went in post yesterday, so should be with them first thing tomorrow, Bring it on!!!!

 

I am also taking on Capital One, Have just been and sorted out the statements and letters we have had recently and I AM FUMING:-x They have put up our min payment to 5% from 3% with out telling us, I couldn't work out why our min payment was so large, we had arrears but not as much as they indicated so went back and worked it out from statments and they out it up in AUgust with out telling us,:mad: has this happened to anyone else? So am now totally determined to have them for every penny:p

Joined Site - 29/09/06:D

Woolwich

S.A.R - (Subject Access Request) sent - 1/10/06

Charges rec 11/10/06

Prelim sent recorded 12/10/06

LBA sent 6/11/06

Offer eventually received 3/12/06

Thanks but I want all of it letter sent 28/12/06

Court Claim Issued 3/1/07

Capital One

S.A.R - (Subject Access Request) sent 1/10/06

Recieved Statements 4/11/06

Prelim Sent 6/11/06

Offer recieved 17/11/06

LBA and rejection of offer sent 28/12/06

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hi tilly :) now you have sent off the SAR its a good time to have a read thru the library and a few of the current cases on each forum for your banks/cc's that way you will get an idea of the way your bank plays the game ( for instance HSBC will probs ignore you till you sue, abbey will throw a lump of cash at you (but only about a quarter of what you are claiming) A&L will threaten to close your acct etc...

have a read and shout if you get stuck there is normally someone about :)

me against the abbey Paid in full (donation made)

me against the woolwich Paid in full(donation made)

me against HSBC Paid in full(donation made)

 

 

beware the scrapbooker, for she has a long memory and sharp knives :lol:

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Have recieved Thank you we are a nice bank and won't charge for Data Protection letter, Now waiting for actual info.

 

***fingers drumming impatiently on table****

 

Also from the woolwich I recieved the 'we are looking into your complaint' Letter, giving dates they will reply by, Not sure why, haven't even sent first letter yet, but am now wondering if they know what's coming!!!:p

Has anyone else had this, I sent the basic SAR letter from the template file on the site. Would be nice to know if this is just standard, but in all the cases I have read noone mentions recieving that letter until they have sent in there first letter.

 

Oh Well Now just got to wait

 

****Fingers still drumming, now very impatiently*****:p

Joined Site - 29/09/06:D

Woolwich

S.A.R - (Subject Access Request) sent - 1/10/06

Charges rec 11/10/06

Prelim sent recorded 12/10/06

LBA sent 6/11/06

Offer eventually received 3/12/06

Thanks but I want all of it letter sent 28/12/06

Court Claim Issued 3/1/07

Capital One

S.A.R - (Subject Access Request) sent 1/10/06

Recieved Statements 4/11/06

Prelim Sent 6/11/06

Offer recieved 17/11/06

LBA and rejection of offer sent 28/12/06

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Hurray, the list of charges turned up today. Have added it all up and comes to the tidy sum of £2369.50. HAve done prelim letter but now need to type up schedule of charges. Letter to go off tomorrow.

Joined Site - 29/09/06:D

Woolwich

S.A.R - (Subject Access Request) sent - 1/10/06

Charges rec 11/10/06

Prelim sent recorded 12/10/06

LBA sent 6/11/06

Offer eventually received 3/12/06

Thanks but I want all of it letter sent 28/12/06

Court Claim Issued 3/1/07

Capital One

S.A.R - (Subject Access Request) sent 1/10/06

Recieved Statements 4/11/06

Prelim Sent 6/11/06

Offer recieved 17/11/06

LBA and rejection of offer sent 28/12/06

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All done. Ready to post recorded tomorrow!! let the fun begin;-)

Joined Site - 29/09/06:D

Woolwich

S.A.R - (Subject Access Request) sent - 1/10/06

Charges rec 11/10/06

Prelim sent recorded 12/10/06

LBA sent 6/11/06

Offer eventually received 3/12/06

Thanks but I want all of it letter sent 28/12/06

Court Claim Issued 3/1/07

Capital One

S.A.R - (Subject Access Request) sent 1/10/06

Recieved Statements 4/11/06

Prelim Sent 6/11/06

Offer recieved 17/11/06

LBA and rejection of offer sent 28/12/06

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Quick Question, As charges are added to my account between prelim and LBA can i change the amount i am claiming each time, have incured charges since the list was sent by the woolwich but did not add to schedule?

Joined Site - 29/09/06:D

Woolwich

S.A.R - (Subject Access Request) sent - 1/10/06

Charges rec 11/10/06

Prelim sent recorded 12/10/06

LBA sent 6/11/06

Offer eventually received 3/12/06

Thanks but I want all of it letter sent 28/12/06

Court Claim Issued 3/1/07

Capital One

S.A.R - (Subject Access Request) sent 1/10/06

Recieved Statements 4/11/06

Prelim Sent 6/11/06

Offer recieved 17/11/06

LBA and rejection of offer sent 28/12/06

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You can add any charges that have been applied right up to the point when you issue your court claim, and include them on a revised schedule.

 

Charges that are incurred after the claim has been filed cannot be added without making an amendment to the claim, which will cost £35, and significantly delay the process. You can add them when Barclays are at the stage where they are offering a settlement prior to the hearing

Preliminary Letter sent to Woolwich 05/06

LBA sent 19/06

Court claim filed 04/07 : Total £824.75

Acknowledgement of Service 27/07

Defence received 08/08

AQ filed 11/08

Barclays AQ filed 05/09

Hearing date 20/12

SETTLED IN FULL £840.49: 14/12/06

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  • 4 weeks later...

14 days are up (plus a few extra:p ) so have now sent LBA, have also logged into MCOL to start that, so I am ready to take them all the way!!! rollon 14 days and it's off to court we go!!!!

Joined Site - 29/09/06:D

Woolwich

S.A.R - (Subject Access Request) sent - 1/10/06

Charges rec 11/10/06

Prelim sent recorded 12/10/06

LBA sent 6/11/06

Offer eventually received 3/12/06

Thanks but I want all of it letter sent 28/12/06

Court Claim Issued 3/1/07

Capital One

S.A.R - (Subject Access Request) sent 1/10/06

Recieved Statements 4/11/06

Prelim Sent 6/11/06

Offer recieved 17/11/06

LBA and rejection of offer sent 28/12/06

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  • 1 month later...

Well things have finally moved on, I recieved an offer of a third of my claim from Mr Lawrence White from Barclays, on the 3rd of December, due to xmas and everything I didn't get to reply till 28th December, sent him a lovely letter saying thanks but i want all of it and as the date for next action was the begining of December ( sent LBA on 14th November) I have filed court papers.

Have now filed court papers at Lowestoft, deemed served 30th December, So now we wait!!!!

I am going to try and ring them on Friday to see if they will talk to me and settle before we get AQ but I'm not holding my breath!!!

Watch this Space!!!

Joined Site - 29/09/06:D

Woolwich

S.A.R - (Subject Access Request) sent - 1/10/06

Charges rec 11/10/06

Prelim sent recorded 12/10/06

LBA sent 6/11/06

Offer eventually received 3/12/06

Thanks but I want all of it letter sent 28/12/06

Court Claim Issued 3/1/07

Capital One

S.A.R - (Subject Access Request) sent 1/10/06

Recieved Statements 4/11/06

Prelim Sent 6/11/06

Offer recieved 17/11/06

LBA and rejection of offer sent 28/12/06

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Have recieved acknowledgement of service from the woolwich dated 4th Jan, they didn't recieve the court papers until the 30th December so I think this must be a record!!! But we did make a bit of mess of the papers, i filled in my details in the defendant box and forgot to sign the form, so called the court and went in to do the alterrations and they resent the papers for me!! Phoned them this morning and apperently I'm not even on the spreadsheet yet!!! Me thinks there might be a few pages to this spreadsheet!!! So the lady told me that they would enter there defence, so I asked if it was worth ringing when the AQ comes and she said it could take 8-10 weeks to get to that stage, I thought htis was only 28 days from sefvice of papers, could someone tell me if this is correct??

Thanks

Jayne

Joined Site - 29/09/06:D

Woolwich

S.A.R - (Subject Access Request) sent - 1/10/06

Charges rec 11/10/06

Prelim sent recorded 12/10/06

LBA sent 6/11/06

Offer eventually received 3/12/06

Thanks but I want all of it letter sent 28/12/06

Court Claim Issued 3/1/07

Capital One

S.A.R - (Subject Access Request) sent 1/10/06

Recieved Statements 4/11/06

Prelim Sent 6/11/06

Offer recieved 17/11/06

LBA and rejection of offer sent 28/12/06

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Tilly i would say your more up to speed than they are ! ive read other post and personally think myself its 28 days but hey your in this for the long haul dont worry you will get there eventually the same as the rest of us keep the pecker up it will not be long coming your way !

if my advice has been of any help to you then please click the scales ! Thank you :D

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  • 1 month later...

HELP!!!!!!!!!!

 

have today recieved notice of preliminary hearing, it says

 

district judge sparrow has considered the statements of case and AQ's filed and allocated the claim to the small claims track, before the claim is listed for hearing the judge has ordered that a preliminary hearing should take place because:

special directions are needed in this claim to prepare for the final hearing which the judge would prefer to explain to you in person.

At this hearing the court will consider either:

a) to stay the claim pending the decision in a test claim involving the defendant, or

B) to give directions for this case to be heard as a test case, and if necessary to reallocate the claim to the multi track for that purpose.

Not less than 14 days before the preliminary hearing the defendant shall file with the court and serve upon the claimant details in which will determine the issues in this claim. Alternatively, the defendant shall file with the court and serve upon the claimant draft directions for this case to proceed as a test case.

The claimant may make any representations tothe court in writing provided these are recevied by the court and served on the defendant not less than 5 daysbefore the preliminary hearing. If either party is prepared to abide by the descion of the judge as to the directions to be given that party is excused from attending the preliminary hearing.

 

So can anyone decifer this for me and tell me what might be happening, i didn't expect this, so any help will be gratefully recieved

 

Love Jayne xx

Joined Site - 29/09/06:D

Woolwich

S.A.R - (Subject Access Request) sent - 1/10/06

Charges rec 11/10/06

Prelim sent recorded 12/10/06

LBA sent 6/11/06

Offer eventually received 3/12/06

Thanks but I want all of it letter sent 28/12/06

Court Claim Issued 3/1/07

Capital One

S.A.R - (Subject Access Request) sent 1/10/06

Recieved Statements 4/11/06

Prelim Sent 6/11/06

Offer recieved 17/11/06

LBA and rejection of offer sent 28/12/06

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BTT.......

Please can a mod help me out with this, any help gratefully recieved

Joined Site - 29/09/06:D

Woolwich

S.A.R - (Subject Access Request) sent - 1/10/06

Charges rec 11/10/06

Prelim sent recorded 12/10/06

LBA sent 6/11/06

Offer eventually received 3/12/06

Thanks but I want all of it letter sent 28/12/06

Court Claim Issued 3/1/07

Capital One

S.A.R - (Subject Access Request) sent 1/10/06

Recieved Statements 4/11/06

Prelim Sent 6/11/06

Offer recieved 17/11/06

LBA and rejection of offer sent 28/12/06

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BTT again,

Please vcan some one have a look at this for me and let me know what is happening,. i have an idea but would like someone to confirm it.

Thanks

Jayne

Joined Site - 29/09/06:D

Woolwich

S.A.R - (Subject Access Request) sent - 1/10/06

Charges rec 11/10/06

Prelim sent recorded 12/10/06

LBA sent 6/11/06

Offer eventually received 3/12/06

Thanks but I want all of it letter sent 28/12/06

Court Claim Issued 3/1/07

Capital One

S.A.R - (Subject Access Request) sent 1/10/06

Recieved Statements 4/11/06

Prelim Sent 6/11/06

Offer recieved 17/11/06

LBA and rejection of offer sent 28/12/06

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As no one else is responding I will, however I am not too familiar with this type of preliminary stay hearing nor Woolwich, but these links should give you some direction:

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay.html

 

You do not want this stay it will only delay matters, using the information above you should be able to produce a submission to the court (at least) 5 days prior to the hearing and that will persuade them not to delay and use your directions.

 

Post up what you plan on sending and it will get looked at, when is your hearing?

If I have been helpful please click on my star and add a comment.

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The hearing is set for 30th April, so have a little while, could someone please check and let me know if there is anything else i need to do regarding this.

Thanks

Joined Site - 29/09/06:D

Woolwich

S.A.R - (Subject Access Request) sent - 1/10/06

Charges rec 11/10/06

Prelim sent recorded 12/10/06

LBA sent 6/11/06

Offer eventually received 3/12/06

Thanks but I want all of it letter sent 28/12/06

Court Claim Issued 3/1/07

Capital One

S.A.R - (Subject Access Request) sent 1/10/06

Recieved Statements 4/11/06

Prelim Sent 6/11/06

Offer recieved 17/11/06

LBA and rejection of offer sent 28/12/06

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Spoke to Anthony Lombardi this morning, He advised that my claim would be settled 2-3 weeks before the hearing date!!!!!! Wooo HOOOOO

So will be calling at begining of April just to remind them I'm still waiting!!!!!!

Joined Site - 29/09/06:D

Woolwich

S.A.R - (Subject Access Request) sent - 1/10/06

Charges rec 11/10/06

Prelim sent recorded 12/10/06

LBA sent 6/11/06

Offer eventually received 3/12/06

Thanks but I want all of it letter sent 28/12/06

Court Claim Issued 3/1/07

Capital One

S.A.R - (Subject Access Request) sent 1/10/06

Recieved Statements 4/11/06

Prelim Sent 6/11/06

Offer recieved 17/11/06

LBA and rejection of offer sent 28/12/06

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